Book Review: Author: Al Khanif; Title: Religious Minorities, Islam, and The Law: International Human Rights and Islamic Law in Indonesia; Publisher: Routledge, 2021

This book examines religious minority rights in Islam in Indonesia from the international and local human rights perspectives. Its main contribution lies in the effort to find Indonesia's uniqueness in managing minority rights in religion. This study leads the author to a rich discussion of how international human rights through its activists spread the need for freedom of every citizen and how advocates of religious orthodoxy ​​respond to it. In contrast to analysts who use the dichotomous view of the acceptance or rejection of international human rights values, the author sees complexity in the process of spreading these values. It can be said that there is a process of modifying the values ​​of secularism in human rights and localization to make these values ​​an integral part of society. In this line of view, the author calls the Indonesian state a quasi-theistic secular state which means that Indonesia is a secular country but friendly and tries to guarantee freedom of religion and worship. In the case of minority rights in Islam, the state prioritizes harmony in society and supports the orthodox views of the majority. The minority view must be assimilated with the orthodox teachings of Islam to get a place to live. The quasi-theistic secular state continues to experience contestation and has undergone a long construction process based on the narration of the peaceful entry of Islam and the relatively moderate character of Indonesian Islam. At a certain level, this state concept has developed to be an identity and norms that become a reference for how to treat religious minorities. The author thus succeeded in showing that Indonesia is an example of a country that can develop its own identity and norms of religious life that are different from that of the Western secular state system.

Book Review: Editor: Al Khanif and Dina Tsalist Wildana ; Title: Kebebasan Beragama atau Berkeyakinan di Indonesia; Publisher: Intrans Publishing, 2020

The book entitled “Kebebasan Beragama atau Berkeyakinan di Indonesia: Perspektif Filosofis, Hukum dan Politik” explains the complexity of the rights of adherents of religion or beliefs in the era of democracy in Indonesia. What is important to note is whether there is freedom of religion or belief in Indonesia. Social scientists may find it difficult to determine the dimensions of freedom and obedience because in philosophy, for example, freedom and obedience are often contradicted as part of the existentiality of thought. However, in practice, especially in the context of the life of a nation-state, the discourse of freedom and obedience requires theoretical and empirical exploration to form a multicultural society. In this corridor, editors and book writers spread their knowledge as intellectuals and also as a form of taking sides on human rights issues. However, sociologically it should be noted that freedom is not a fixed social condition. The dynamics that accompany the emergence of religious adherents should be of public interest so that the knowledge of civil society are filled with emancipatory spirit. Yet in reality, the author actually finds the opposite condition, where the prerequisites for creating multiculturalism are far from democratic principles. Freedom is still framed legally formally and contradicted as if there is only one absolute truth. In this case, the argument that multiculturalism is a value worth fighting for actually becomes a barrier because diction has lost its supporting power. Not only because religious sentiment has developed into identity politics but also turned into a different imagination about Indonesia. Of course, the presence of this book is not intended to eliminate the current problems or even to emphasize the channels of difference. On the other hand, reading this book is a challenge to revive the spirit of multiculturalism with a frame of freedom that is a shared responsibility.

Policy Development of Inclusion Village to Fulfill the Rights of Persons with Disabilities

Stigmatization towards persons with disabilities is so pervasive in society that it directly weakens their position in various fields unlike common other people in various fields. Although Indonesia has enacted Law No. 8 of 2016 concerning Persons with Disabilities, efforts to protect and fulfil the rights of persons with disabilities must continue to be actively encouraged. This study examines one of the strategic steps being taken to protect and fulfil the rights of persons with disabilities, the development of a Village Inclusion Policy. Aside from contributing to the fulfilment of the rights of persons with disabilities, particularly in rural areas, this policy is also expected to accelerate the improvement of welfare through increased accessibility of, and participation in, rural development. The study begins by reviewing the implementation of regulations and policies related to the protection and fulfilment of the rights of persons with disabilities in general. It then analyzes the possibility of further developing the Inclusion Village Policy, drawing on a policy review, focus group discussion, and in-depth interviews with relevant stakeholders. The results of this study illustrate the strategic value of the policy as well as the various factors that encourage or inhibit the fulfilment of the rights of persons with disabilities.

Straightening History

In the aftermath of the attempted 1965 coup, many dissidents, leftists, and suspected Communists were either ‘eradicated’ or incarcerated in prisons all over Indonesia. Since their release, these political prisoners continue to face state-enforced discrimination and stigmatisation. The marginalization of ex-political prisoners by both the state and local communities has continued through Indonesia’s democratic transition following President Suharto’s downfall in 1998. This is compounded by the presence of right-wing groups who continue to harass them, labelling them as neo-Communists inimical to the Indonesian body politic. Through direct engagement with former political prisoners, I aim to understand rehabilitative efforts through support groups. In preliminary interviews, many eks-tapol refer to the need to ‘straighten’ history. This discourse highlights their need to be recognized as ‘whole’ citizens of Indonesia. I explore the state’s struggle to address this dark chapter in Indonesian history, what it means to ‘straighten’ history and how eks-tapol engage with support groups to re-define their position within the community, denoting a strengthened sense of dignity and humanity. It is hoped that this research will contribute to efforts to understand and protect the rights of eks-tapol and other victims of political persecution in Southeast Asia.

Involvement of the Indonesian National Military (TNI) in Legislation about Anti-Terrorism:

Changes in the international humanitarian legal system in a global context have shifted, as the first war identified with an inter-state ceasefire. Today, the war party is not only a state but also the aftermath of the 9/11 tragedy marked by non-state war actors, a terrorist attack. In Indonesia, the issue of terrorism becomes a serious concern after the first Bali Bombing, the second Bali Bombing, and other terrorist tragedies. Lately, the discourse of TNI involvement in the eradication of terrorism in Indonesia through the formation of the Anti-Terrorism Act. According to the issue, the research problems are (1) TNI's authority elements to combat terrorism in the Indonesian legal system; (2) the International humanitarian law system regulates the involvement of the military on combating terrorism. The results of the study are (1) after the fall of New Order regime in 1998, the dual function of ABRI (Indonesian Armed Forces during Suharto's era) had dissolved, and this implied the limited authority of TNI to maintain the unitary state of the Republic of Indonesia (NKRI) sovereignty at the border. The authority of the TNI on combating terrorism, following Act No.34, 2004 section 7 articles (3) about TNI, mentions that the fight against terrorism deals with criminal methods. Except for war aggression, related to terrorism that threatens the State sovereignty and not against terrorism that occurs in the community on the Anti-Terrorism Act. If TNI wants to be involved in combating terrorism, it must be following the 1945 constitution, of which terrorism is part of non-international armed conflict, in which the power of command is in the hands of the President.

Constructing Modern Indonesia Based on Pancasila in Dialogue with the Political Concepts Underlying the Idea of Human Rights

This article aims to describe the role of Pancasila as an ideological basis and collective identity for the multicultural society of Indonesia. Pancasila has historically been proven to be able to unite Indonesia’s diverse peoples and cultures. Pancasila means five principles that construct the ethical basis for one common home, i.e. Indonesia. The principles are belief in one God, humanity, Indonesia’s national unity, representative democracy, and social justice for all Indonesian citizens. This article argues that in the midst of democratisation and the openness to globalisation, Pancasila needs to be re-interpreted and given a place in contemporary political discourse. It proposes that Pancasila should be read in the light of the contemporary political discourse between communitarianism and liberalism. Such a dialogue is fundamental to coping with the dogmatisation of Pancasila, which can result in the loss of its political relevance as a collective identity. Furthermore, liberalism and communitarianism are the two fundamental philosophical pillars beside socialism upon which the concept of human rights is developed. Therefore, combining Pancasila with the two philosophical concepts is very important to strengthen the role of Pancasila in promoting the idea and practices of human rights politics in Indonesia.

Biometric Data Sharing in Addressing Irregular Migration and Security Issues within The Bali Process Framework for Indonesia and ASEAN Member States

The Bali Process Declaration on People Smuggling, Trafficking in Persons and Related Transnational Crime acknowledges the large scale and complexity of irregular migration challenges both within and outside the Asia Pacific region. As one of the efforts to decrease irregular migration in this region, the Regional Support Office of the Bali Process (RSO) was established in 2012 to support the implementation of the Bali Process. In this regard, the Bali Process led to an opportunity to develop the use of technology and biometrics data sharing in migration and border management. The purpose of this paper is to discuss the law and policy in addressing the issue of irregular migration in Indonesia. It also explores the development of the utilization of technology and biometrics in the area of migration, security and border management, as a measure in addressing the problem of irregular migration. The discussion focuses on the role and challenges of technology and biometrics data exchange in border management as one of the most important agreements on the Bali Process. This study finds that the gaps within the ASEAN member states in regulating privacy rights and data protection have caused the difficulties in sharing and exchange data/information particularly biometric data. The method used in this research is the doctrinal legal research, which is mainly referred to as library-based research.

Sex and Gender Diversity in Southeast Asia

The United Nations human rights system has recognized rights of lesbian, gay, bisexual, transgender and intersex individuals (LGBTI), with key decisions in 2011 and 2016. To what extent are the rights of these groupings respected in Southeast Asia? The visibility of LGBTI is low in Southeast Asia and government attitudes vary. Criminal laws, both secular and Sharia, in some jurisdictions, have prohibitions, but active enforcement is rare. Discrimination in employment is prohibited by law in Thailand and in local laws in the Philippines. Change of legal ‘sex’ for transgender individuals is sometimes possible. Legal recognition of same-sex relationships has been proposed in Thailand and the Philippines, but not yet enacted. Marriage has been opened to same-sex couples in neighboring Taiwan. Laws on adoption and surrogacy generally exclude same-sex couples. So-called ‘normalizing surgery’ on intersex babies needs to be deferred to the child’s maturity, to protect their health and rights.